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HomeMy WebLinkAboutCOUNCIL MINUTES 1967-11-01 9081 L MINUTES OF THE FIVE HUNDRED NINETIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 1, 1967, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:16 P. M. . Councilman McNamara delivered the invocation. Roll was called with the following result: Present--Peter A. Ventura, Rudolf R. Kleinert, Edward H. McNamara, Robert F. Nash, Jack Salvadore, Edward G. Milligan, and *Jerry Raymond. Absent--none. Elected and appointed officials present: Addison W. Bacon, City Clerk, Steve Polgar, City Attorney; Harry C. Tatigian, Chief Assistant City Attorney; Robert A. Shaw, Director of Public Works; William Strasser, City Engineer; Dan Andrew, Industrial Coordinator; Donald Nicholson, Director of Public Safety; Henry Sieferd, LCity Assessor; Don Hull, City Planner; John T. Dufour, Superintendent of Parks and Recreation; David L. Jones, Water and Sewer Commissioner, Carl Demek, Superintendent of Operations Division; Victor Phillips, Budget Director; Thomas J. Griffiths, Jr. , Chief Accountant; John Hiltz, Consulting Engineer; G. E. Siemert, Assistant City Engineer; Donald Heusted, Planning Commission; William LaPine and Francis Bouffard of the Zoning Board of Appeals. *Councilman Raymond arrived at 8:17 P. M. By Councilman McNamara, seconded by Councilman Salvadore, and unanimously adopted, it was #1112-67 RESOLVED, that the minutes of the 589th regular meeting of the Council of the City of Livonia, held October 25, 1967, are hereby approved. The President of the Council announced that the Council had received a veto message from the Mayor on council resolution #1104-67, adopted on October 25, 1967, Lrelative to a change of zoning in Section 3 from R3A to R-7. By Councilman McNamara, seconded by Councilman Nash, it was 9082 #1113-67 RESOLVED that, having considered the veto by the Mayor, dated November 1, 1967 of resolution #1104-67 adopted by the Council on October 25, 1967, the Council does hereby readopt said resolution #1104-67 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: Kleinert. The President declared the resolution adopted and the Mayor's veto over-ruled. The following resolution was unanimously introduced, supported and adopted. #1114-67 WHEREAS, the members of the Livonia City Council have learned with great sorrow and profound regret of the recent tragedy that has occurred in the Joseph H. Jenkin family; and WHEREAS, Joe Jenkin, with the assistance of his beloved wife, Shirley Ann, has clearly shown his devotion to civic matters by faith- fully serving his community as chairman and as a member of the Library Commission for eight years; and WHEREAS, Joe and Shirley Ann have been respected citizens of this community and have made significant contributions in its early, important, formative years; and WHEREAS, the loss of Mrs. Jenkin will be felt by those at City Hall who knew her, and her many friends and associates throughout Livonia, and those who knew her only through her fine reputation; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia, in recognition and tribute, believes it fitting and proper to record at this time its affection and esteem for a beloved and respected friend, and to share with her family and community the great loss sustained by reason of the death of Shirley Ann Jenkin. The communications from the Wayne County Drain Commissioner of October 18, 1967, transmitting minutes of meetings of Drainage Board of Livonia No. 22 Branches, Livonia Drains No. 22 and 11, and Livonia Drain No. 11, were received and filed for the information of the Council. The letter from the Mayor, dated November 1, 1967, relative to a meeting to be held on November 21st, at 8 p. m., in the Civil Defense Center of the Livonia Police Building, at which time Mr. Irving J. Rubin, Director of the Transportation and Land Use Study of Southeastern Michigan will present a technical report, was received and filed for the information of the Council. 9083 By Councilman Nash, seconded by Councilman McNAmAra, it was #1115-67 RESOLVED, that having considered the letter dated October 10, 1967 from George Bashara, President of Bashara Bowling Enterprises, (Wonderland Lanes), 28455 Plymouth Road, Livonia, Michigan, requesting permission to serve alcoholic beverages in the concourse area of the afore- mentioned bowling establishment for one night only, commencing 9:00 P. M., on December 31, 1967 and ending 4:00 A. M. on January 1, 1968, for the purpose of having a closed party on New Year's Eve, the Council does hereby determine that there having been a good cause shown to suspend the restriction imposed in Section 15.6 of Ordinance No. 12, as amended, to hereby grant permission and authorization to the Wonderland Lanes bowling establishment, 28455 Plymouth Road, Livonia, Michigan, for the purpose of serving alcoholic beverages on the concourse are (not to include bowling lane approach areas) for one night only commencing 9:00 P. M. on December 31, 1967 and ending 4:00 A. M. on January 1, 1968. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Kleinert, it was #1116-67 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated September 21, 1967, and the report and recommendation of the Director of Public Safety dated October 17, 1967 in connection therewith, the Council does hereby approve of the request from Stan's Market, Incorporated for transfer of a 1967-1968 SDM licensed business from Lyman G. Fidler Estate located at 38001 Ann Arbor Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES : McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. The communication from the Department of Law dated October 11, 1967 with respect to the vacation of a certain portion of Grennada Park Subdivision, CR-47-66, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1117-67 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act, (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, December 11, 1967, at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan on the following item: 9084 Petition No. 67-7-1-25 submitted by the City Planning Commission on its own motion for a change of zoning for property located north of Six Mile Road, east of Haggerty Road in the S.W. 1/4 of Section 7, from C-2 and R-5C to M-1, the City Planning Commission in its Resolution #9-129-67 having recommended to the City Council that Petition 67-7-1-25 be approved as revised and amended so as to rezone said property to the M-L zoning category rather than to the M-1 zoning category based upon a legal description set forth in such action which excludes the property covered by the existing cemetery and a portion of the existing commercially zoned land; further that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement, indicating the nature and location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman McNamara, seconded by Councilman Nash, and unanimously adopted, it was #1118-67 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act, (M.S .A. Section 5.2934), as well as Article XXIII of Ordinance 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, December 11, 1967 at 8-00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, on the following item: Petition No. 67-7-1-26 submitted by the City Planning Commission on its own motion, to rezone property located on the south side of Six Mile Road and west of the proposed 1-96 Freeway right-of-way in Section 18, from R-3B and C-2 to M-1, the City Planning Commission in its resolution #9-130-67 having recommended to the City Council that Petition 67-7-1-26 be granted; further that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement, indicating the nature and location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. 9085 By Councilman Milligan, seconded by Councilman Salvadore, it was #1119-67 RESOLVED, that having considered a communication from the City Planning Commission dated October 17, 1967, which transmits its Resolution #9-138-67 adopted on September 19, 1967 wherein it is recommended that Cambridge between Inkster and Angling Road in the S. E. 1/4 of Section 1 be renamed to "Bridge" in lieu of "Cambridge", the Council does hereby concur in and approve of the aforesaid recommendation of the City Planning Commission and does hereby rename the said roadway to "Bridge" and directs the Department of Public Works to take all necessary action to effectuate this resolution; and further, the Council does hereby request the City Clerk, in accordance with Section 76 of Act 172 of the P.A. of 1929, the Plat Act (M.S.A. Sec. 26.506), to within 30 days after the adoption of this resolution to forward a certified copy of the same to the Michigan Auditor General and to further have a certified copy of this resolution recorded in the office of the Wayne County Register of Deeds, together with his certificate indicating the name or names of any plat, subdivision or addition affected by this resolution, as well as to do all other things necessary to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #1120-67 RESOLVED, that having considered a communication from the City Planning Commission dated October 17, 1967 which transmits its Resolution #9-133-67 adopted on September 19, 1967 wherein the Planning Commission did amend Part V of the Master Plan of the City of Livonia entitled "Master School and Park Plan", so as to delete therefrom property located on the west side of Newburgh Road approximately 870 feet north of Joy Road in Section 31, the Council does hereby acknowledge receipt of the same. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #1121-67 RESOLVED, that having considered a communication from the City Planning Commission dated October 17, 1967 which transmits its Resolution #9-134-67 adopted on September 19, 1967 wherein the City Planning Commission did amend Part V of the Master Plan of the City of Livonia entitled "Master School and Park Plan", so as to incorporate therein property located on the north side of Seven Mile Road approximately 170 feet west of the east line of Section 5, the Council does hereby acknowledge receipt of the same. 9086 By Councilman Kleinert, seconded by Councilman Salvadore, it was *RESOLVED, that having considered the report and recommendation dated October 13, 1967 from the City Engineer, approved by the Mayor and the Director of Public Works, the Council does hereby release to Gordon- Begin Company, 800 West Thirteen Mile Road, Madison Heights, Michigan, 48071, the $12,000.00 bond deposited with the City in accordance with Resolution #23-62 adopted on January 8, 1962, except for the sum of $233.00, which amount shall be retained for the purpose of completing side- walk construction and for traffic control signs, as indicated in the afore- said communication, to guaranty satisfactory improvements to be installed in Mar-Git Subdivision located in the southwest quarter of Section 24, City of Livonia, Wayne County, Michigan, it appearing from the aforemention- ed report of the City Engineer that all required improvements have been satisfactorily installed, and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. ' A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: McNamara. L The President declared the resolution adopted. * NOTE: Although the foregoing resolution was originally adopted, it was reconsidered later in the meeting y council resolution #1124-67, and subsequently referred to the Legislative Committee in council resolution #1125-67. By Councilman Kleinert, seconded by Councilman Salvadore, it was RESOLVED, that having considered the report and recommendation dated October 13, 1967 from the City Engineer, approved by the Mayor and the Director of Public Works, the Council does hereby release to Gordon- Begin Company, 800 West Thirteen Mile Road, Madison Heights, Michigan, 48071, the $4,400.00 bond deposited with the City in accordance with Resolution #659-60 adopted on November 14, 1960, except for the sum of $45.00, which amount shall be retained for the completion of sidewalk construction, as indicated in the aforesaid communication, to guaranty satisfactory improvements to be installed in Belle Mar Subdivision located in the southeast quarter of Section 23, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. By Councilman Raymond, seconded by Councilman Milligan, it was #1122-67 RESOLVED,that having considered the letter from the Engineering Division dated October 13, 1967 relative to the release of the Improvement Bond for Belle MarSubdivision, the Council does hereby table action on same. 9087 A roll call vote was taken on the foregoing resolution with the following result AYES: McNamara, Raymond, Salvadore, Milligan and Ventura. NAYS: Nash and Kleinert. The President declared the tabling resolution adopted. By Councilman Raymond, seconded by Councilman Milligan, it was #1123-67 RESOLVED, that the Council does hereby determine to refer the matter of policy and procedure maintained by the City and the Council relative to the releasing of improvement bonds in subdivisions, to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result AYES : McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #1124-67 RESOLVED, that the Council does hereby determine to reconsider its action taken earlier in this meeting relative to the release of the Improvement Bond of Mar-Git Subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Milligan and Ventura. NAYS: Nash, Salvadore and Kleinert. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman McNamara,it was #1125-67 RESOLVED, that the matter relative to the release of Improvement Bond for Mar-Git Subdivision, be referred to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond, Nash, Salvadore, Milligan and Ventura. NAYS: Kleinert. The President declared the resolution adopted. a By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #1126-67 RESOLVED, that the matter relative to the release of the Improvement Bond for Marcy Ann Subdivision, be referred to the Legislative Committee for its report and recommendation. 9088 By Councilman McNamara, seconded by Councilman Salvadore, it was #1127-67 RESOLVED, that having considered a communication from the City Engineer dated October 19, 1967, approved by the Mayor and the Director of Public Works, with regard to the financial assurances established pursuant to CR#1199-66 with respect to Lou-Har Subdivision, the Council does hereby amend and revise Paragraph (5) of CR#1199-66 so as to have the same read as follows: (5) That the following Cash Payments be made to the City: Trees $1,068.00 Traffic Control Signs 63.00 Review of Plans, Inspection and Administration (5% before contingencies) 611.50 Further, the Council does hereby amend and revise Paragraph (8) of CR#1199-66 to read as follows . (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements, the proprietor may file with the City of Livonia surety bond, certified check, cash bond or other financial assurance in such form as may be approved by the Depart- ment of Law, guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts : General Improvement Bond - $7,600.00, of which at least 760.00 shall be in cash; Sidewalk Bond - $6,000.00, of which at least 2,000.00 shall be in cash. A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #1128-67 RESOLVED, that having considered the report and recommendation dated October 19, 1967 from the City Engineer, approved by the Mayor and the Director of Public Works, the Council does hereby amend Item No. 8 of CR#509-67 adopted on May 15, 1967 and subsequently amended by CR#683-67 adopted on June 26, 1967, so as to further reduce the bond for remaining improvements in Judson Gardens Subdivision #3 to $30,000.00, of which at least $3,000.00 shall be in cash to cover the cost of remaining improve- ments in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; further, the financial assurances now on deposit with the City for sidewalk improvements shall remain the same; and the City Clerk and City Treasurer are hereby author- ized to do all things necessary or incidental to the full performance of this resolution. 9C89 A roll call vote was taken on the foregoing resolution with the following result• AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS • None. By Councilman Nash, seconded by Councilman Milligan, it was #1129-67 RESOLVED, that having considered the report and recommendation dated October 19, 1967 from the City Engineer, approved by the Mayor and the Director of Public Works, the Council does hereby amend Item No. 8 of CR#506-67 adopted on May 15, 1967 and subsequently amended by CR#684-67 adopted on June 26, 1967, so as to further reduce the bond for remaining improvements in Renwick Park Subdivision #2 to $25,000.00, of irhich at least $2,500.00 shall be in cash to cover the cost of remaining improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, the financial assurances now on deposit with the City for sidewalk improve- ments shall remain the same, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result• AYES : McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS : None. By Councilman Kleinert, seconded by Councilman McNamara, it was RESOLVED, that having considered a communication from the Superintendent of Operations dated October 13, 1967, approved by the Mayor, the Director of Public Works and the Budget Director, the Council does hereby accept the bid of Canfield Tow Bar Company, Inc., 20561 Dwyer, Detroit, Michigan, for supplying the City with a 16 Ton Power Wrecker with a 6' Extension Boom, for the price of $3,290.00, such having been in fact the lowest and only bid received for this item. By Councilman Milligan, seconded by Councilman Salvadore, it was #1130-67 RESOLVED, that having considered a communication from the Superintendent of Operations dated October 13, 1967, approved by the Mayor, the Director of Public Works and the Budget Director, relative to bid for a 16 Ton Power Wrecker with 6' Extension Boom, the Council does hereby refer this matter to the Study Session of the Council immediately following this Regular Meeting. A roll call vote was taken on the foregoing resolution with the following result AYES : McNamara, Raymond, Salvadore and Milligan. NAYS ' Nash, Kleinert and Ventura. The President declared the resolution adopted. 9090 By Councilman McNamara, seconded by Councilman Kleinert, it was #1131-67 RESOLVED, that having considered a communication from the Superintendent of Operations dated October 19, 1967, approved by the Mayor, the Director of Public Works and the Budget Director, the Council does hereby accept the bids of International Salt Co. , Inc., 626 Buhl Building, Detroit, Michigan, Morton Salt Company, 10335 Flora, Detroit, Michigan 48217, and the Diamond Crystal Salt Company, 916 Riverside, St. Clair, Michigan, for supplying rock salt to the City, to be delivered to the D.P.W. Yard at the unit price of $9.90 per ton, such identical low bids having been in fact the only bids received for this item; and further, itis the understanding of the Council that purchases shall be equalized between the suppliers to the extent possible. A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. The following resolution was unanimously introduced, supported and adopted. #1132-67 RESOLVED, that the Department of Law is hereby requested to contact the Anti-Trust Division of the Justice Department of the United States Government and advise them that the City of Livonia has again received identical bids from suppliers on rock salt, and request that they give this matter appropriate consideration. By Councilman McNamara, seconded by Councilman Kleinert, it was #1133-67 RESOLVED, that having considered a communication from the Water and Sewer Board dated October 18, 1967, which transmits its resolution #WS 990 10/67, approved by the Mayor, wherein the Board concurs with a letter from the Department of Public Works, Division of Operations, dated October 11, 1967 attached thereto, the Council does hereby accept the bid of the Badger Meter Manufacturing Company, 4545 West Brown Deer Road, Milwaukee, Wisconsin, on the following items and in the following amounts: 1. Meters with Outside Meter Reading Device A. Magnetic-Disc Type (with connections ) Unit Prices 1,000 each 5/8" $ 43.00 350 each 3/4" 60.00 200 each 1 " 83.91 75 each 1-1/2" 149.92 B. Compound Meters - One Year Supply 2" 388.0o 3" 4" 6" 584.55 969.57 1946.0o 9091 2. Badger Standard Read-o-Matic for Unit Prices Magnetic Meters or approved equal 5/8" $ 16.48 3/4" 16.48 1" 16.48 1-1/2" 16.48 3. Modernizing Water Meters A. Modernizing Old Meters - for one year period. 5/8" 19.76 3/4 29.77 1" 43.69 1-1/2" No Bid B. Modernizing Old Meters and installing Badger Read-o-matic or approved equal - for one year period 5/8" 28.74 3/4" 38.75 1" 52.67 1-1/2" No Bid . . . . the same having been in fact the low bid or only bid received for such items, and further, the Council does hereby determine to reject the bids received with regard to items IV and V for the reasons set forth in the aforesaid attached communication and does authorize the Director of Public Works and the Budget Director to do all things necessary pursuant to the provisions of Ordinance No. 216, as amended, the Financial Ordinance, to obtain new bids with respect to these items. A roll call vote was taken on the foregoing resolution with the following result AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. By Councilman Kleinert, seconded by Councilman Raymond, it was #1134-67 RESOLVED, that having considered a communication from the Water and Sewer Board dated October 17, 1967, which transmits its resolution #WS 988 10/67, approved by the Mayor, wherein the Board concurs with the recommendation from the Department of Public Works, Division of Operations dated October 9, 1967, attached thereto, the Council does hereby accept the bid of Ellis & Ford Manufacturing Company, Birmingham, Michigan, for supplying the Water Department with an Automatic Drilling Machine for Wet Tapping Water Mains at a cost of $2,880.29, the same having been the lowest bid received for this item, and further, the budget of the Water Division of the Department of Public Works is hereby amended to include an addition- al $1880.29 to supplement the $1000.00 capital outlay authorization previously provided in the said budget. A roll call vote was taken on the foregoing resolution with the following result AYES : McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. 9092 By Councilman Milligan, seconded by Councilman McNamara, it was #1135-67 RESOLVED, that having considered a communication from the Water and Sewer Board dated October 17, 1967, which transmits its resolu- tion #WS 964 9/67, approved by the Mayor, and to which is attached a letter from the Department of Public Works, Division of Operations, dated August 30, 1967, relative to a recommendation on bids for a Tandem Lowboy Trailer, the Council does hereby determine to refer this matter to the Study Session immediately following this Regular Meeting. A roll call vote was taken on the foregoing resolution with the following result: AYES : McNamara, Raymond, Salvadore, Milligan and Ventura. NAYS : Nash and Kleinert. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Kleinert, it was #1136-67 RESOLVED, that having considered a communication from the Water and Sewer Board dated October 18, 1967, which transmits its resolution #WS 985 10/67, approved by the Mayor, to which is attached a communication from the Department of Public Works, Division of Engineering, dated September 27, 1967, with regard to certain proposed sanitary sewer and water main extensions, as outlined in the aforesaid communication for inclusion in the 1966 Miscellaneous Water and Sewer Extension Program, the Council does hereby approve and authorize such action, such approved extensions being as follows and for the estimated amounts as indicated: 1. Plymouth Road East of Stark Road (Construction Plan Location #17), installation of 186 feet of sanitary sewer at a cost of $2393.50. 2. Ann Arbor Trail West of Russell (Construction Plan Location #21), sanitary sewer service for eight parcels of land, including a church site, at an estimated cost of $8626.00. further, the Board of County Road Commissioners of Wayne County is hereby requested to approve the expenditure of $11,019.50 from the surplus monies available from the Wayne County Metropolitan Sewerage and Sewage Disposal System, City of Livonia, Section III Bond Issue dated September 1, 1964 for the construction of the sanitary sewer extensions as listed above, and the City Clerk is hereby requested to forward a certified copy of this resolution to the aforesaid Board of County Road Commissioners and to do all other things necessary or incidental to the full performance of this Lresolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. 9093 By Councilman Kleinert, seconded by Councilman Milligan, it was #1137-67 RESOLVED, that having considered the report and recommendation dated September 27, 1967 from the City Planning Commission which sets forth its resolution #9-139-67 in regard to Petition 67-6-1-23 submitted by Clarence R. Charest, attorney for Occidental Investment Company, requesting to rezone property located on the east side of Merriman Road approximately 320 feet south of Eight Mile Road in Section 2 from RUFA to R-7; and the Council having conducted a public hearing with regard to this matter on October 16, 1967, pursuant to Resolution #905-67, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 67-6-1-23 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publica- tion to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond, Milligan, Kleinert and Ventura. NAYS: Nash and Salvadore. The President declared the resolution adopted. *The President of the Council relinquished the Chair to the Vice-President at 9.45 p. m. to speak on the above motion, and resumed the Chair at 9:47 p.m. By Councilman Kleinert, seconded by Councilman McNamara, it was #1138-67 RESOLVED, that having considered the report and recommendation dated October 23, 1967 from the City Engineer, approved by the Mayor and the Director of Public Works, the Council does hereby release to E. C. Schubiner, Secretary, Franklin Square Apartments, 10524 W. McNichols, Detroit, Michigan, the $1500.00 cash bond deposited with the City in accordance with Resolution #143-67, to guaranty satisfactory improvements to be installed in the Franklin Square Apartments area, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McNamara, Raymond, Salvadore, Milligan, Kleinert and Ventura. NAYS: Nash. The President declared the resolution adopted. 9094 A recess was called at 9:52 p. m., after which the meeting resumed with Lall members present who were named as present in the original roll call of this meeting with the exception of Councilman Raymond and CouncilmRn Salvadore. By Councilman Kleinert, seconded by Councilman McNamara, it was #1139-67 RESOLVED, that having considered a communication dated October 23, 1967 from the City Planning Commission which transmits its resolution #10-150-67 adopted by the Commission on October 10, 1967 with regard to Petition #67-10-8-7, which presents Site Plan #1677, and pursuant to City Planning Commission Resolution #8-127-66 adopted on August 9, 1966 approving Petition 66-6-2-13 as submitted by Rev. Lyle Adams, President of Middlebelt Nursing Center, Inc. , requesting a waiver use permit to erect and operate a nursing center on Parcels 24Wla and 24W1b, located on the east side of Middlebelt Road approximately 1600 feet south of Five Mile Road in Section 24, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition #67-10-8-7 presenting Site Plan #1677 for the aforesaid nursing center is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result AYES : McNamara, Nash, Milligan, Kleinert and Ventura. NAYS: None. *Councilman Raymond and Councilman Salvadore returned at 10.10 p. m. Councilman Kleinert introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 4 OF ORDINANCE NO. 396, AS AMENDED, KNOWN AND CITED AS THE "WATER RATE ORDINANCE" OF THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of theCity Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. An Ordinance Amending Section 18 of Ordinance No. 216, as amended, of the City of Livonia, Known and Cited as the "Financial Ordinance", introduced by Councilman Salvadore on October 25, 1967, was taken from the table and a roll call vote conducted thereon with the following result AYES: Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: McNamara and Raymond. 9095 The President declared the foregoing Ordinance duly adopted and would become effective on publication. An Ordinance Amending Article VI of Ordinance No. 500, As Amended, of the City of Livonia, Known and Cited as the "Plat Ordinance" by Adding Subsection (6) to Section 6.03 Thereof, introduced by Councilman McNamara on October 25, 1967, was taken from the table and a roll call vote conducted thereon with the following result: AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS : None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Salvadore, seconded by Councilman Milligan, it was #1140-67 RESOLVED, that the Department of Law is hereby requested to sub- mit its opinion with regard to the legality of the City of Livonia employing a private individual, individuals, or firm, for the purpose of representing the City in collective bargaining and negotiations with representatives of employee organizations. A roll call vote was taken on the foregoing resolution with the following result: AYES:McNamara,*Raymond, Nash, Salvadore, Milligan and Ventura. NAYS : Kleinert. The President declared the resolution adopted. *Councilman Raymond stated that he voted "yes" in order to get an opinion from the Department of Law, but it did not necessarily mean that he would support the matter. By Councilman Milligan, seconded by Councilman McNamara, and unanimously adopted, it was #1141-67 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Kleinert, seconded by Councilman McNamara, it was 9096 #1142-67 RESOLVED, that having considered the communication from the Water and Sewer Board dated October 25, 1967, which transmits its resolu- tion #WS 997 10/67, approved by the Mayor, to which is attached a letter from the Department of Public Works, Division of Engineering, dated October 17, 1967 and which includes the final construction estimate dated September 27, 1967, with respect to the contract between the Rocco Ferrera & Company, Inc. and the Wayne County Board of Road Commissioners, which project was initiated pursuant to CR #479-63, for the City of Livonia Sanitary Sewers, Farmington Road Section, Area 5c, which contract was dated February 11, 1965 in the estimated amount of $1,152,106.80, and the Council having been advised by the Engineering Division of the Department of Public Works, as well as the firm of John E. Hiltz & Associates, Inc. , the consulting engineer for the project, that all work under the said contract has been completed in accordance with City of Livonia and Wayne County Road Commissioners standards, specifications and requirements, and that all complaints with regard to this project have been satisfactorily resolved, the Council does hereby request that the Board of Wayne County Road Commissioners furnish a complete release to Rocco Ferrera & Company, Inc. under the aforesaid contract and make final payment with respect to the same in the amount of $61,303.64, which sum includes $52,818.14 for additional work performed by the aforesaid company in connection with this project, further, the Council does hereby authorize the Board of Wayne County Road Commissioners to make final payment to the firm of John E. Hiltz & Associates, Inc. for services rendered as consulting engineer for this project in accordance with the agreement which was entered into between said John E. Hiltz & Associates, Inc. and the Board of Wayne County Road Commissioners, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Board of Wayne County Road Commissioners. A roll call vote was taken on the foregoing resolution with the following result AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS : None. By Councilman McNamara, seconded by Councilman Nash, it was #1143-67 RESOLVED, that having considered a letter from Walter A.Gutowski, President, Superior Ambulance Service, Inc. , dated October 30, 1967, wherein Superior Ambulance Service, Inc. agrees to furnish emergency ambulance service pursuant to the same terms and general conditions as set forth in a contract between the City of Livonia and Brooks Ambulance Service, Inc. , as assigned to Superior Ambulance Service, Inc. for an additional two month period, said extension to expire at 12;01 A.M. January 1, 1968, the Council does hereby authorize and approve of the extension of such contract on this basis. A roll call vote was taken on the foregoing resolution with the following result• AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS : None. 9097 LBy Councilman Kleinert, seconded by Councilman McNamara, it was #1144-67 RESOLVED, that having considered a letter from General Ambulance Service by Clyde Marshbanks, dated October 24, 1967, which purports to set forth an offer to undertake to provide to the City of Livonia emergency ambulance service for a one year period in the manner indicated in the aforesaid communication, the Council does hereby refer this matter to the joint committee of the Council, the Director of Public Safety, representatives of the Fire Department, the Budget Director and the Department of Law for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES : McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. By Councilman McNamara, seconded by Councilman Nash, it was #1145-67 RESOLVED, that the complete budget for the next fiscal year commencing December 1, 1967, and ending November 30, 1968, as submitted by the Mayor to the Council on September 15, 1967, pursuant to Section 3, Chapter VII of the City Charter, and as revised by the City Council, be and hereby is determined and adopted and appropriations made as provided L by the City Charter, that all proceedings on said budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 30, 1967, after proper notice being published in The Livonian Observer, the official newspaper of the City, on October 22, 1967, and provided further, that the City Clerk shall publish or cause to be published this resolution together with a summary of said budget as adopted herein, together with the minutes of this meeting. SUMMARY OF 1967 - 1968 BUDGET ESTIMATED REVENUES APPROPRIATIONS Property Taxes $3,058,830 General Government $1,012,989 State Agencies 2,089,506 Public Safety 2,253,167 Permits and Licenses 335,000 Public Works 1,514,502 Fees 170,000 Recreation 169,906 Municipal Court 155,000 Parks and Forestry 232,388 Recreation 9,000 Library 174,692 Investment Earnings 25,000 Debt Service 280,992 Miscellaneous 56,000 Miscellaneous 182,545 Prior Year Surplus 50,000 Reserve for Contingencies 127,155 55,948,336 $5,948,336 LA roll call vote was taken on the foregoing resolution with the following result. AYES : McNamara, Raymond, Nash, Salvadore, Kleinert and Ventura. NAYS: Milligan. The President declared the resolution adopted. 9098 By Councilman Nash, seconded by Councilman Kleinert, it was #1146-67 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of five (5) mills, i.e. , five-tenths (5/10) of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1967, and ending November 30, 1968, and in addition to the above amount which is authorized to be levied for generalpurposes by the Charter of the City of Livonia: (a) The Council does hereby establish a tax levy of one (1) mill, i.e. , 1/10 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (b) The Council does hereby establish a tax levy of 1.525 mills, i.e. , 1525/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (c) The Council does hereby establish a tax levy of .109 mills, i.e. , 109/10,000 of one (1) percentum of the State equalized assessed valu- ation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the 1959 and 1964 Fire Station Bond Issue; in addition to the amount which is authorized to be levied for general purposes; (d) The Council does hereby establish a tax levy of .064 mills, i.e. , 64/10,000 of one (1) percentum of the State equalized assessed valua- tion of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement of the 1960 and 1964 Public Library Bond Issue; in addition to the amount which is authorized to be levied for general municipal purposes; (e) The Council does hereby establish a tax levy of .100 mills, i.e. , 100/10,000 of one (1) percentum of the State equalized assessed valua- tion of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, L9099 business and industries of the City of Livonia; in addition to the amount which is authorized to be levied for general municipal purposes; (0 The Council does hereby establish a tax levy of .288 mills, i.e., 288/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the Park and Recreational Facilities Bond Issue, in addition to the amount which is authorized to be levied for general municipal purposes; and provided further, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is requested to immediately transmit copies of this resolution to lach of the above offices. A roll call vote was taken on t1- foregoing resolution with the following result. AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS: None. By Councilman alligan, seconded by Councilman Aash, it was #1147-67 RESOLVED, that in accordance with the provisions of Chapter 20 of Act 40 of the Public Acts of 1956, otherwise known as the Drain Code of 1956, and in order to raise the sum necessary to pay: (a) Installment No. 9 of the assessment for improving Livonia Drain No. 1, which installment is due April 1, 1968, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1968; and (b) Installment No. 7 of the assessment for improving Livonia Drain No. 2, which installment is due April 1, 1968, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1968; and (c) Installment No. 6 of the respective assessments for improving Livonia Drains Nos. 3, 5, 6, 7, 8, 9 and 10 and the Bakewell Drain, which respective installments are each due April 1, 1968, and to pay the interest on the respective unpaid balances,which interest payments are also due on April 1, 1968; and (d) Installment No. 4 of the respective assessments for improving Livonia Drains Nos. 11, 12, 13, 14, 15, 16, 17 and 18, which respective installments are each due April 1, 1968, and to pay the interest on the respective unpaid balances, which interest payments are also due on April 1, 1968, and (e) Installment No. 3 of the assessment for improving Livonia Drain No. 19, which installment is due April 1, 1968, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1968, 9100 (f) Installment No. 1 of the assessment for improving Livonia Drain No. 22 and Livonia Drain No. 22 Branches, which installment is due April 1, 1968, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1968; and (g) Installment No. 1 on Bell Drain No. 2 (Enclosure and Branches) Drain, which installment is due April 1, 1968, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1968, the Council of the City of Livonia does hereby determine that there shall be and does hereby establish a tax levy of 2.235 mills of the State equalized valuation of all real and personal property subject to taxation in the City of Livonia for the purpose of providing sufficient revenues to meet and pay the said installments and interest payments and, in this connection, the City Council does hereby elect to have such tax levy spread upon the County tax roll; and the Wayne County Bureau of Taxation, Office of the Wayne County Drain Commissioner, City Treasurer, City Assessor and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result AYES: McNamara, Raymond, Nash, Salvadore, Milligan, Kleinert and Ventura. NAYS : None. *Councilman Salvadore was excused at 10:59 p. m. By Councilman McNamara, seconded by Councilman Milligan, and unanimously adopted, it was #1148-67 RESOLVED, that having considered a letter from Howard R. Weissman, D. 0., 9261 Middlebelt Road, Livonia, Michigan, dated October 31, 1967, with regard to the denial of the construction and installation of curb cuts and approaches of the two driveways as previously approved by the City with regard to off-street parking facilities from Minton Avenue for the Medical Office Building located at 9216 Middlebelt Road, Livonia, Michigan, the Council does hereby determine to overrule such action pursuant to the provisions set forth in Section 3.12 of Ordinance 446, as amended, the Street Ordinance, for the following reasons : 1. Site Plan has been given approval by the City. 2. There are other instances similar to this where outlets are provided for commercial and professional services such as; Food Fair, Restaurant, Credit Union on Middlebelt, National Bank of Detroit, Clinic, etc. and the Superintendent of Operations and the Bureau of Inspection are hereby requested to take appropriate action to implement the purpose of this resolution. 9101 By Councilman Kleinert, seconded by Councilman Nash, it was #1149-67 RESOLVED, that the preliminary plat of the proposed Plymouth- Levan Industrial Subdivision No. 2, situated in the Southwest 1/4 of Section 29, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on July 6, 1965 by its Resolution #7-129-65, and approved by the City Council on June 28, 1967 by its Resolution #699-67, and a report dated November 1, 1967 from the City Engineer, approved by the Director of Public Works, indicating that full compliance has been made with the conditions upon which the preliminary plat was approved by the Council, the City Planning Commission having approved the final true plat on October 24, 1967 in its Resolution #10-154-67, the Council does hereby determine to grant its approval to the final plat of Plymouth-Levan Industrial Subdivision No. 2, located in the Southwest 1/4 of Section 29, City of Livonia, Wayne County, Michigan, as submitted by Burton Share, Inc. , as proprietors thereof, the proprietors being required to do all things necessary to obtain full compliance with the Plat Act, Act 172 of the Public Acts of Michigan of 1929, as amended, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result AYES : McNamara, Raymond, Nash, Milligan, Kleinert and Ventura. NAYS: None. *The President relinquished the Chair to the Vice-President at 11 20 p.m. *Councilman Milligan was excused at 11.20 p. m. By Councilman Ventura, seconded by Councilman Kleinert, it was WHEREAS, The Michigan State Legislature has passed public acts providing for tax exemption for senior citizens, certain veterans, and unremarried widows, and, WHEREAS, The current exemptions are based upon State Equalized Property Valuation of $10,000.00; and WHEREAS, The present increase in State Equalized Valuation, as computed by the Michigan State Tax Commission, has resulted in many tax- payers being denied their exemption. NOW, THEREFORE, BE IT RESOLVED, That the City of Livonia requests the State Legislature to increase the property limitation from $10,000.00 to $15,000.00 on the State Equalized Valuation to qualify for exemption of senior citizens, veterans, and unremarried widows. BE IT FURTHER RESOLVED, That the City of Livonia requests that the State Legislature increase the income limitation to $6,000.00 as a basis for exemption of senior citizens, and $8,500.00 as a basis for exemption of veterans. 9102 BE IT FINALLY RESOLVED, That copies of this resolution be mailed to State Representatives, State Senators, and all municipalities in Wayne County. By Councilman Raymond, seconded by Councilman McNamara, it was #1150-67 RESOLVED, that the City of Livonia's request for an increase in income limitation for Senior Citizens, Veterans, and unremarried widows, is hereby referred to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES: McNamara, Raymond and Kleinert. NAYS: Ventura and Nash. The Vice-President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, this 590th regular meeting of the Council of the City of Livonia was duly adjourned at 11:25 P. M., November 1, 1967. ADDISON W. BACON, Cit ' Cler .